DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 8 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because it recites “A recording medium for a measurement device capable of performing wireless communication with an information terminal on which a first application and a second application are installed, the measurement device comprising:…” which can be transitory (e.g., a carrier wave, etc.).
It is noted that adding “non-transitory” to the claim to limit the claimed medium to statutory eligible subject matter would be acceptable. For example, “A non-transitory computer readable medium comprising executable instructions that, when executed by a processor, cause a measurement device to perform wireless communication with an information terminal on which a first application and a second application are installed, the measurement device comprising:…”
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites “the control program” in line 1. There is insufficient antecedent basis for this limitation in the claim. Clarification is requested.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 3-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Farmer (US 9,600,676 B1).
Regarding claim 1, Farmer discloses a measurement device capable of performing wireless communication (see at least Figures 1-2, items 100 and 200 | col. 5, lines 28-64, note wearable device 100 | Figure 8, items 800 and 830 | col. 11, lines 18-31, note Figure 8 illustrates the components of the wearable/wrist-mounted devices 100/200, the server 730 and associated computing devices 762 | col. 13, lines 42-67, note the communications interface 830) with
an information terminal on which a first application and a second application are installed (see at least Figures 10-12, items 760a, 762, 1016 and 1018 | col. 16, lines 20-22, note the associated computing device 762 executes at least a first application 1016 and a second application 1018), the measurement device comprising:
a wireless communication unit configured to perform the wireless communication (see at least Figure 8, item 830);
a storage unit (see at least Figure 8, item 860 | col. 12, lines 19-31, note the computer readable medium 860) configured to store
a first identifier for identifying the measurement device in the wireless communication (see at least col. 19, line 31 – col. 20, line 14, note each application of the wearable device 100/760a stores at least a first identifier, corresponding to a private key, of two private/public pairs of keys such that application 1010 and application 1014 can identify the measurement device in wireless communication with the associated computing device 762 | col. 18, lines 9-11, note the keys per application differ from one another | col. 17, lines 1-7, note a shared secret) and
a second identifier for identifying the measurement device in the wireless communication (see at least col. 19, line 31 – col. 20, line 14, note each application of the wearable device 100/760a stores at least a first identifier, corresponding to a private key, of two private/public pairs of keys such that application 1010 and application 1014 can identify the measurement device in wireless communication with the associated computing device 762 | col. 18, lines 9-11, note the keys per application differ from one another | col. 17, lines 1-7, note a shared secret); and
a control unit (see at least Figure 8, item 840 | col. 11, lines 40-58, note the processor(s) 840) configured to execute
a first control causing the communication unit to execute the wireless communication with the first application by using the first identifier (see at least col. 13, lines 42-51, note communications can be via Bluetooth, Zigbee, Wi-Fi, WiMAX, etc. | Figure 12, items 1010↔1016 or 1014↔1016 | col. 19, line 54 – col. 20, line 14 | col. 21, lines 60-65, note all requests | col. 22, lines 17-19, note all responses | col. 23, lines 40-55) and
a second control causing the communication unit to execute the wireless communication with the second application by using the second identifier (see at least col. 13, lines 42-51 | Figure 12, items 1010↔1018 or 1014↔1018 | col. 19, line 54 – col. 20, line 14 | col. 21, lines 60-65, note all requests | col. 22, lines 17-19, note all responses | col. 23, lines 40-55).
Regarding claim 3, Farmer discloses wherein the first identifier is an identifier of the measurement device shared through pairing between the measurement device and the first application, and the second identifier is an identifier of the measurement device shared through pairing between the measurement device and the second application (see at least col 20, lines 23-33, note if the first identifier and second identifier correspond to public keys, they can be sent to the first and second applications in the pairing process, and vice versa | col. 19, lines 1-9 | col. 23, lines 40-55, note wearables can communicate with other wearables, associated computing devices and servers; and associated computing devices can communicate with wearables, other associated computing devices, and servers, etc. using at least two private/public pairs of keys per application, wherein any device can be the initiator in the communication session, such as wearable 1 initiates communication with wearable 2).
Regarding claim 4, Farmer discloses wherein the control unit alternately executes the first control and the second control (see at least Figures 11-12, note communication with application 1016 is executed in steps 1110-1128, and communication with application 1018 is executed in steps 1130-1164).
Regarding claim 5, Farmer discloses wherein the control unit transmits measurement data obtained through measurement by the measurement device to the first application through the first control, and transmits the measurement data to the second application through the second control (see at least Figure 11, steps 1128 and 1158 | col. 4, lines 11-16, note physiological parameters | col. 21, lines 60-64, note all requests sensitive/non-sensitive are encrypted and digitally signed | col. 22, lines 15-19, note all responses to data requests can be encrypted and digitally signed regardless of the sensitive/non-sensitive type of data).
Regarding claim 6, Farmer discloses wherein the control unit executes transmission of the measurement data to the second application through the second control upon completion of transmission of the measurement data to the first application through the first control (see at least Figure 11, steps 1128 and 1158 | col. 4, lines 11-16, note physiological parameters | col. 21, lines 60-64, note all requests sensitive/non-sensitive are encrypted and digitally signed | col. 22, lines 15-19, note all responses to data requests can be encrypted and digitally signed regardless of the sensitive/non-sensitive type of data).
Regarding claim 7, Farmer discloses wherein the control unit causes the wireless communication unit to transmit the measurement data to the first application using a first protocol in the first control, and causes the wireless communication unit to transmit the measurement data to the second application using a second protocol different from the first protocol in the second control (see at least Figure 11, steps 1110-1128 and 1130-1158 | col. 4, lines 11-16, note physiological parameters | col. 21, lines 60-64, note all requests sensitive/non-sensitive are encrypted and digitally signed | col. 22, lines 15-19, note all responses to data requests can be encrypted and digitally signed regardless of the sensitive/non-sensitive type of data | col. 13, lines 42-51, note communications can be via Bluetooth, Zigbee, Wi-Fi, WiMAX, etc.).
Regarding claim 8, Farmer discloses a recording medium (see at least Figure 8, item 860 | col. 12, lines 19-31, note the computer readable medium 860 | col. 31, lines 1-26) for a measurement device capable of performing wireless communication (see at least Figures 1-2, items 100 and 200 | col. 5, lines 28-64, note wearable device 100 | Figure 8, items 800 and 830 | col. 11, lines 18-31, note Figure 8 illustrates the components of the wearable/wrist-mounted devices 100/200, the server 730 and associated computing devices 762 | col. 13, lines 42-67, note the communications interface 830) with an information terminal on which a first application and a second application are installed (see at least Figures 10-12, items 760a, 1010, 1012, 1014, 762, 1016 and 1018 | col. 16, lines 20-22, note the associated computing device 762 executes at least a first application 1016 and a second application 1018), the measurement device comprising:
a wireless communication unit configured to perform the wireless communication (see at least Figure 8, item 830); and
a storage unit (see at least Figure 8, item 860 | col. 12, lines 19-31, note the computer readable medium 860) configured to store
a first identifier for identifying the measurement device in the wireless communication (see at least col. 19, line 31 – col. 20, line 14, note each application of the wearable device 100/760a stores at least a first identifier, corresponding to a private key, of two private/public pairs of keys such that application 1010 and application 1014 can identify the measurement device in wireless communication with the associated computing device 762 | col. 18, lines 9-11, note the keys per application differ from one another | col. 17, lines 1-7, note a shared secret) and
a second identifier for identifying the measurement device in the wireless communication (see at least col. 19, line 31 – col. 20, line 14, note each application of the wearable device 100/760a stores at least a first identifier, corresponding to a private key, of two private/public pairs of keys such that application 1010 and application 1014 can identify the measurement device in wireless communication with the associated computing device 762 | col. 18, lines 9-11, note the keys per application differ from one another | col. 17, lines 1-7, note a shared secret),
wherein the control program causes a processor of the measurement device to execute processing of executing (see at least Figure 8, item 840 | col. 11, lines 40-58, note the processor(s) 840)
a first control causing the communication unit to execute the wireless communication with the first application by using the first identifier (see at least col. 13, lines 42-51, note communications can be via Bluetooth, Zigbee, Wi-Fi, WiMAX, etc. | Figure 12, items 1010↔1016 or 1014↔1016 | col. 19, line 54 – col. 20, line 14 | col. 21, lines 60-65, note all requests | col. 22, lines 17-19, note all responses | col. 23, lines 40-55) and
a second control causing the communication unit to execute the wireless communication with the second application by using the second identifier (see at least col. 13, lines 42-51 | Figure 12, items 1010↔1018 or 1014↔1018 | col. 19, line 54 – col. 20, line 14 | col. 21, lines 60-65, note all requests | col. 22, lines 17-19, note all responses | col. 23, lines 40-55).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Farmer (US 9,600,676 B1) in view of Nix (US 2019/0356482 A1).
Regarding claim 2, Farmer does not specifically disclose wherein the wireless communication unit includes a storage area storing an identifier and performs the wireless communication by using the identifier stored in the storage area, and the control unit executes the first control or the second control by storing the first identifier or the second identifier in the storage area.
It is known store identifiers in different ways. For example, Nix teaches a communication system wherein the wireless communication unit includes a storage area storing an identifier and performs the wireless communication by using the identifier stored in the storage area (see at least Figure 1, item 102i or 102n | [0108] note 102i is the MAC address of the wireless communication device and is recorded in the non-volatile memory 102f | [0073] note 102n is the MAC address of the wireless communication device), and the control unit executes the first control or the second control by storing the first identifier or the second identifier in the storage area (see at least Figure 1b, items 102u, 102p PR and 102r pR | [0072] note the public/private keys 102p PR and 102r pR are stored in a table 102u in memory 102f).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Nix into Farmer. This provides the ability to store, categorize and separate identifiers in memory for communication.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN WILSON whose telephone number is 571-270-5884. The examiner can normally be reached Monday-Friday 9:00-5:00pm.
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/BRIAN WILSON/Primary Examiner, Art Unit 2689